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NCJ Number: 89358 Add to Shopping cart Find in a Library
Title: Japanese Report - Some Problems on the Subject of Deincarceration in Japan
Journal: Revue penitentiaire et de droit penal  Volume:106  Issue:3  Dated:(July-September 1982)  Pages:285-293
Author(s): M O Niikura
Date Published: 1982
Page Count: 9
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: French
Country: France
Annotation: The Japanese penal code dates from 1908 and has remained in effect throughout the significant social changes of the century. Its principal penalty is incarceration with forced labor, and it does not specifically provide for early release, probation, parole, or other community-based alternatives to institutionalization.
Abstract: To some extent, subsequent amendments have enabled such alternatives as pretrial diversion, minimum-security labor camps, supervised liberty, and furlough programs for less serious offenders and juveniles. The basic code, however, retains obstacles to instituting parole or more liberal correctional settings for serious offenders currently under secure custodial regimes. Supervised liberty for serious offenders from closed institutions is possible only upon proof of repentance and the completion of a considerable part of the original sentence (e.g., 10 years for those sentenced to life). As a consequence, the Japanese probation/parole service is underdeveloped and little used, while wide-ranging discretional practices exist at the early stages of criminal processing. A 1982 legislative reform proposes that all correctional programming be decreed specifically for rehabilitative ends under humane conditions tailored to the treatment and educational needs of individual inmates, including access to programs outside the institutional setting. The proposal fails to consider the lack of available community-based programming for inmates of remotely located secure facilities as well as the potential public danger posed by serious offenders with partial liberty in the community.
Index Term(s): Community-based corrections (adult); Correctional reform; Foreign correctional facilities; Foreign inmate programs; Japan
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